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U.S. v. LAWRENCE

Nos. 17-30061, 17-35138.

905 F.3d 653 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Robert LAWRENCE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kelly David Ankeny, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2018.

Attorney(s) appearing for the Case

Michael Donahoe (argued), Deputy Federal Public Defender; Anthony R. Gallagher , Federal Defender; Federal Defenders of Montana, Helena, Montana; for Defendant-Appellant Christopher Robert Lawrence.

Susan F. Wilk , Assistant Federal Public Defender, Portland, Oregon, for Defendant-Appellant Kelly David Ankeny, Sr.

Timothy Tatarka (argued) and Jared C. Cobell , Assistant United States Attorneys; Kurt G. Alme , United States Attorney; United States Attorney's Office, Billings, Montana; Thomas H. Edmonds (argued), Assistant United States Attorney; Kelly A. Zusman , Appellate Chief; Billy J. Williams United States Attorney; United States Attorney's Office, Portland, Oregon; for Plaintiff-Appellee United States.

Before: Kim McLane Wardlaw and John B. Owens, Circuit Judges, and Joan Lefkow, District Judge.

CERTIFICATION OF QUESTIONS OF LAW

ORDER

The issue for decision in these consolidated cases is whether Oregon first-degree robbery (Or. Rev. Stat. § 164.415) (Robbery I) and Oregon second-degree robbery (id. § 164.405) (Robbery II) are "divisible" for purposes of determining...

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